Landon Collins Talkington v. State

• Court: Court of Appeals of Texas
• Decided: September 23, 2015
• Docket: 09-15-00320-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-15-00320-CR ____________________

LANDON COLLINS TALKINGTON, Appellant

V.

THE STATE OF TEXAS, Appellee _______________________________________________________ ______________

On Appeal from the 411th District Court Polk County, Texas Trial Cause No. 23885 ________________________________________________________ _____________

MEMORANDUM OPINION

The trial court sentenced Landon Collins Talkington on May 19, 2015. On

August 10, 2015, Talkington filed a notice of appeal from an order denying a

“Motion to Waiver Payment of Fines, Court Cost, and Court-Appointed Attorney

Fees.” See generally Tex. Code Crim. Proc. Ann. art. 43.091 (West Supp. 2014).

An appeal in a criminal case must be specifically authorized by statute, and a court

of appeals lacks jurisdiction to review interlocutory and post-judgment orders

unless such jurisdiction has been expressly granted by law. Apolinar v. State, 820

1 S.W.2d 792, 794 (Tex. Crim. App. 1991) (no interlocutory appeal from an order

denying a special plea); see also Haile v. State, 451 S.W.3d 856, 857-58 (Tex.

App.—Austin 2014, no pet.) (no appeal from a trial court’s post-judgment ruling

denying a motion to dismiss court costs and fines). Talkington has failed to show

any authority granting an intermediate appellate court jurisdiction to consider an

appeal from the denial of his post-conviction motion. Accordingly, we dismiss the

appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f).

APPEAL DISMISSED.

________________________________ CHARLES KREGER Justice

Submitted on September 22, 2015 Opinion Delivered September 23, 2015 Do Not Publish

Before McKeithen, C.J., Kreger and Johnson, JJ.